Common use of Limitation on Amount Guarantied Clause in Contracts

Limitation on Amount Guarantied. Anything contained in this Guaranty to the contrary notwithstanding, the obligations of each Guarantor hereunder shall be limited to the lesser of (i) the aggregate amount of the Obligations and Expenses, or (ii) a maximum aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance as a fraudulent transfer or conveyance under Section 548 of Title 11 of the United States Code or any applicable provisions of comparable state law (collectively, the "Fraudulent Transfer Laws"), if and to the extent each Guarantor (or a trustee on its behalf) has properly invoked the protections of the Fraudulent Transfer Laws, in each case after giving effect to all other liabilities of such Guarantor, contingent or otherwise, that are relevant under the Fraudulent Transfer Laws.

Appears in 2 contracts

Samples: Guaranty Agreement (Marketing Specialists Corp), Guaranty Agreement (Marketing Specialists Corp)

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Limitation on Amount Guarantied. Anything contained in this Guaranty ------------------------------- to the contrary notwithstanding, the obligations of each Guarantor hereunder shall be limited to the lesser of (i) the aggregate amount of the Obligations and Expenses, or (ii) a maximum aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance as a fraudulent transfer or conveyance under Section 548 of Title 11 of the United States Code or any applicable provisions of comparable state law (collectively, the "Fraudulent Transfer Laws"), if and to the extent each Guarantor (or a trustee on its behalf) has properly invoked the protections of the Fraudulent Transfer Laws, in each case after giving effect to all other liabilities of such Guarantor, contingent or otherwise, that are relevant under the Fraudulent Transfer Laws.

Appears in 1 contract

Samples: Guaranty Agreement (Merkert American Corp)

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Limitation on Amount Guarantied. Anything contained in ------------------------------- this Guaranty to the contrary notwithstanding, the obligations of each Guarantor hereunder shall be limited to the lesser of (i) the aggregate amount of the Obligations and Expenses, or (ii) a maximum aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance as a fraudulent transfer or conveyance under Section 548 of Title 11 of the United States Code or any applicable provisions of comparable state law (collectively, the "Fraudulent Transfer Laws"), if and to the extent each Guarantor (or a trustee on its behalf) has properly invoked the protections of the Fraudulent Transfer Laws, in each case after giving effect to all other liabilities of such Guarantor, contingent or otherwise, that are relevant under the Fraudulent Transfer Laws.

Appears in 1 contract

Samples: Guaranty Agreement (Merkert American Corp)

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